Intestate Succession Ordinance 1960 - Sabah Lawnet

FOR REFERENCE ONLY (July 2010)
equally the share that the wife of the intestate would have been entitled to, had such intestate
left one wife only surviving him.
Children’s advancements not to be taken into account.
9. Subject to the provisions of Rule (3) of section 7 where a distributive share of the
property of a person dying intestate is claimed by a child or any descendant of a child of such
person no money or other property which the intestate may during his life have given, paid or
settled to or for the advancement of the child by whom or by whose descendant the claim is
made shall be taken into account in estimating such distributive share.
Amendment of the Administration of Native and Small Estates Ordinance.
10. The Administration of Native and Small Estates Ordinance* [Cap. 1.] is amended—
(a) in section 2 thereof—
(i) by inserting immediately after the word “native” in the second line of the
definition of the expression “native estate” the words “or of a deceased
Muslim subject to the jurisdiction of a Native Court under paragraph (c) of
subsection (1) of section 5 of the Native Courts Ordinance”* [Cap. 86.]; and
(ii) by deleting the symbol and figure “RM3,000” which occurs in the second
line of the definition of the expression “small estate” and by substituting
therefor the symbol and figure “RM5,000”.
†(b) by repealing subsection (1) of section 10 and substituting therefor the following
subsection—
“(1) After hearing the application the Collector shall, wherever possible,
make an order for distribution and in making such order shall give effect to any
division of the estate agreed on by any surviving spouse, issue and parents and
shall, where no such agreement exists—
* Cap. 1 has been repealed by Act A 127 but not yet in force.
* Cap. 86 has been repealed by Enactment No. 3 of 1992.
† See Ord. No. 8 of 1961.
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